Michigan Laws 324.81116 – Application for license by owner or dealer of ORV; filing; form; application fee; false information prohibited; issuance of license; validity; permit fees; purchase and resale of ORV licenses; re
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Terms Used In Michigan Laws 324.81116
- Dealer: means a person engaged in the sale, lease, or rental of an ORV as a regular business or, for purposes of selling licenses under section 81116, any other person authorized by the department to sell licenses or permits, or both, under this act. See Michigan Laws 324.81101
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Owner: means any of the following:
(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101
(1) To obtain a license required under this part, the owner of an ORV shall file an application with the department or a dealer on forms provided by the department. If an ORV is sold by a dealer, the application for a license shall be submitted to the department by the dealer in the name of the owner. The application shall include a certification. The owner of the vehicle shall sign the application or, if the application is filed electronically, provide information requested by the department to verify the owner’s identity. The application shall be accompanied by a fee as provided in subsection (2). A person shall not file an application for a license that contains false information. Upon receipt of the application in approved form and payment of the appropriate fee, the department or dealer shall issue to the applicant a license. A license is valid for the 12-month period beginning April 1 and ending the following March 31.
(2) The fee for a license is as follows:
(a) Except as provided in subdivision (b), $26.25.
(b) If the license authorizes operation of the ORV on state ORV trails, $36.25.
(3) A dealer may purchase from the department ORV licenses for resale to owners of vehicles that require a license under this part. The department shall refund to a dealer the purchase price of any ORV licenses returned within 90 days after the end of the 12-month period for which they were valid. A dealer shall maintain and provide to the department records of ORV license sales on forms provided by the department. In addition to the sale of ORV licenses, a dealer engaged in the sale, lease, or rental of ORVs as a regular business may sell any other license or permit authorized by the department to be sold by other dealers under the statutes of this state.
(4) Before a vehicle that requires an ORV license is operated, the owner shall ensure that a license is permanently attached to the vehicle in the manner prescribed by and, subject to this subsection, in the location designated by the department. The license for a 2-wheel vehicle shall be attached as provided in either of the following:
(a) Centered on the exposed surface of the rear fender.
(b) Located at a visible place facing forward on a front suspension fork.
(5) If, when a vehicle that otherwise requires a license under this part is sold, the purchaser certifies on a form provided by the department that the vehicle will be used and stored outside of this state and will not be returned by the purchaser to this state for use, a license is not required for the vehicle.
(6) If a license acquired by the owner of an ORV is lost or destroyed, the department shall provide that person with a replacement license free of charge. The department may require a person requesting a replacement license to supply sufficient evidence of the loss or destruction of the original license.